Spain - Supreme Court, decision no. 8948/2007 (appeal no. 10530/2007)

Saharawi people who live in Algerian refugee camps do not have a nationality, therefore they are stateless and must be officially recognized as such.

Case name (in original language)
Sentencia del Tribunal Supremo nº 8948/2007
Case status
Decided
Case number
8948/2007
Citation
STS 8948/2007 (appeal no. 10530/2007)
Date of decision
State
Court / UN Treaty Body
Tribunal Supremo (Supreme Court)
Language(s) the decision is available in
Spanish
Applicant's country of residence
Algeria
Relevant Legislative Provisions

Convention Relating to the Status of Stateless Persons (1954)

Convention on the Reduction of Statelessness (1961)

Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social (Aliens Act).

Real Decreto 865/2001, de 20 de julio, por el que se aprueba el Reglamento de reconocimiento del estatuto de apátrida (Status Determination Procedure Regulation).

Facts

The case concerns a Saharawi woman who was not recognized as a stateless person by the Ministry of Interior, in a decision which was later upheld by the High Court. The applicant was born in 1968 in the then Spanish Sahara, who lived in the Saharawi refugee camps in Tindouf (Algeria) since 1976, and who travelled to Spain for medical reasons in 2000 with an Algerian travel document.

Decision & Reasoning

The Supreme Court overturned both the lower decisions. It found that the standard of proof could not be as high as the one implied by the High Court, since it is enough that the applicant manifests its lack of nationality (Aliens Act and SDP Regulation). Also, the burden of proof is shared, in the sense that there is an “obvious obligation of cooperation on the part of the Administration” as the law mandates that the competent body shall, ex officio, collect any evidence and reports it deems necessary (SDP Regulation). 

The Court defines nationality as a legal bond between a person and a state which comprises political, social, economic rights, and responsibilities on their part, within a framework of mutual acceptance and voluntariness. With that in mind, the Court noted that Saharawi people were allowed to apply for Spanish nationality for a short period following the Spanish decolonization process; therefore, they no longer have that possibility. Morocco became the successor state, and Saharawi people could acquire Moroccan citizenship. However, they did and do not want to do so. The Court stated that having the opportunity to access a nationality does not imply that the person is not stateless anymore if they do not want to apply for it. Then, the sentence refers to the fact that Algeria only issues travel documents on humanitarian grounds which are never meant to imply that the authorities recognize Saharawi refugees as its citizens.

Outcome

The appeal was upheld and decision under appeal that refused to recognize the applicant as stateless was annulled; thus, the Supreme Court granted the stateless statute to the applicant.

Caselaw cited

Supreme Court decisions from 28 October 1998 and 7 November 1999 regarding acquisition of Spanish nationality by people born in Western Sahara.